Notice to Parents of Minors in Karting regarding lack of governance in case of child bullying and or abuse. The lack of action of governing bodies in some cases actually sanctions such behaviour.

Recently one of my sons (11 year old) was covertly bullied and physically “shoved” (without apology and that would be now abuse) by a parent of the same class and of the same club. The actions were taken by this person were so covertly enacted that I was aware of only one of the three matters after the race day was finished. Basically he was intentionally doing these things when I wasn’t nearby to protect my children.

This person (who is also an AKA official) in-acted the following on my son.

1. Ordered several race officials to penalise my son/s before a race even started. I have written statements from several officials that confirm this happened more than once.
2. Physically “shoved” my son while he was trying to put sauce on his pie without any apology.
3. In an act of poor sportsmanship got to his feet in the grandstand in front of a capacity crowd and cheered with delight when my son’s chain fell off during the final race of the day.  

Our primary concern is item 2 but the other ones just collaborates one’s state of mind on the day. As a family we took immediate action (within 3 days) to protect our children by applying for a Personal Protection Order (PPO) against this person harming our two youngest sons in the ACT magistrates Court. On this day the magistrate said that the PPO would only be effective within the ACT as they had no authority outside ACT. The Magistrate also asked “Why hasn’t the club or the national body not investigated this matter and followed disciplinary procedures”? My answer (defending the club and the AKA) was to say that to be honest it’s only been 3 days and they probably haven’t had time. He agreed and set a mediation and hearing date for a week later. We then took this person to mediation a week later.

The lead up to that hearing was quite interesting. The Club did interview the Person and met with myself. The meeting with myself included the club’s President, Secretary and Chief Executive. Allot was discussed but the following was disclosed by the Secretary and President.

1. That the Person admitted to items 2 and 3.
2. He refused to admit to 1 but I just couldn’t believe him as I have several written statements from race officials on the day and others who witness those discussions that state otherwise.

I didn’t ask at that meeting what actions would be taken by the club’s executive as I expected a full investigation and disciplinary process to be followed so it was not my position to ask at that time.

All correspondence that occurred that week was also copied to the AKA NSW state prosecutor with no response and surprisingly little to no interest shown. I did get a second hand verbal message saying that my action to apply for a PPO against this person was “over the top” and the club and AKA should be actioning the matter.

During Court mediation it was bought to my attention by the mediator that if we were to proceed to a hearing and a PPO was implemented that the “person” would have that against his record and as it is an Adult on a Child it could dramatically affect that person. Keeping that in mind and also that the club and the AKA had not had a reasonable opportunity to pursue the matter I agreed that if that person made a court sealed and endorsed “Solemn Promise” that he would not re-offend in anyway by not harming either of my two younger sons for 12 months, (and that I believed that the club and or the AKA would properly investigate and impose penalties accordingly), I reluctantly agreed to retract the PPO application.

Since then I have offered my evidence package to both the club and the AKA NSW Prosecutor that includes a chorology of the events and 11 supporting statements from many well respected karting persons who were present on that Southern Stars race weekend in Canberra. Neither the Club’s executive or AKA’s NSW prosecutor have asked for my evidence package. While the club did perform an investigation it was without my evidence package.

The club did request a copy of the court “Solemn Promise” and we supplied that. We have had no other official correspondence from the club on the matter since.

The AKA NSW prosecutor has stated in an email to me that “The matter was discussed by the Board of Karting NSW in an in camera session as per the published minutes. The Board of Karting NSW acknowledges the fact that the matter has already been actioned by the Local Magistrates Court and will not be taking any further action at this stage.

To date no detailed investigation, disciplinary process or penalty has been undertaken on this person by either the club and or the AKA NSW state Prosecutor.

As a parent, what’s really concerning about all of this is the nature (or mind set) in which this person took such action against a minor.

I am sure that all the parents out there need to know that if they expect that due process in such matters would be undertaken by the governing bodies, then they may well be very much mistaken.

It is not my intention to harm the sport in which my family holds dearly by informing everyone of this unfortunate situation, but it is on the contrary my duty as the parent involved to not just protect my family but to inform other parents that choose this sport as a family activity. Hopefully such disclosure will in the end, force the matter to be correctly and fairly handled so it will enhance our sport.

I, Neil Allen declare that all of what I have written above is true in every respect to my knowledge and I would oblige in signing an affidavit to its effect if required.